SUPERINTENDING ENGINEER, AND THE CHAIRMAN, CONSUMER GRIEVANCE REDRESSAL FORUM Vs. TAMIL NADU ELECTRICITY OMBUDSMAN NO. 17

JUDGEMENT

(1.) The petitioner has filed this petition seeking issuance of Writ of Certiorari calling for the records on the file of the first respondent in O.P. No. 17 of 2007 dtd. 4/12/2007 in so far as it allows the refund of monthly minimum charges for the period from 27/3/2006 to 7/7/2006 to the extent of demand backed out and to direct the Board to re-work the monthly minimum charges for the said period on the reduced demand and to quash the same as illegal and arbitrary.

(2.) The case of the petitioner is that the second respondent had submitted an application on 16/12/2004 for 400 KVA Electricity supply and an agreement was entered with the second respondent on 30/3/2005 for effective supply to the respondent. The Tamil Nadu Electricity Board by 'supply availability notice' dtd. 10/10/2005 informed the second respondent that the Board has extended supply to their premises with required metering arrangements and that he shall avail the supply immediately or within three months from the date of notice.

(3.) It is the further case of the petitioner that as per Regulation 31(5) of the Tamil Nadu Electricity Distribution Code, if the intending consumer avail supply during the notice period of availability of supply, he shall pay the monthly minimum charges at the notified tariff rate for the period from the date of issue of first notice of supply availability till the date of availing supply. The second respondent failed to avail supply within the stipulated period as per the Tamil Nadu Electricity Distribution Code and the service connection was effected on 27/3/2006. After availing the supply, the second respondent by letter dtd. 12/5/2006 requested the Electricity Board for reduction of load from 400 KVA to 76 KVA and his request for reduction of load was effected on 7/7/2006.